News Release

U.S. Department of Labor For Immediate Release

Office of Public Affairs Date: April 5, 2004
Atlanta, Ga. Contact: Rita Ford
Release Number 04-613-ATL (75) Phone: (202) 693-8671

Former President of Georgia Corporation Indicted

For Embezzlement and Healthcare Fraud
ATLANTA — The former president of Newcare Health Corporation of Atlanta has been
indicted by a federal grand jury in the Northern District of Georgia for embezzlement and
healthcare fraud related to more than $100,000 owed to the corporation’s 401(k) and health
plans. The case was based on an investigation conducted by the U. S. Department of Labor’s
Employee Benefits Security Administration (EBSA).

“Theft of employee benefit assets is unacceptable,” said Ann L. Combs, Assistant Secretary of
EBSA. “The department will work with other law enforcement agencies to recover money
stolen from hard-working Americans and prosecute those who commit these crimes.”

Darrell C. Tucker was indicted for embezzling the assets of an employee benefit plan governed
by the Employee Retirement Income Security Act (ERISA). He allegedly carried out the
criminal act by failing to forward $16,282 in employee contributions to the Newcare 401(k) plan
and approximately $90,000 in employee contributions to the Newcare Group Health Plan.

Newcare Health Corporation provided senior residential care services in Alabama, Georgia,
Florida, Kansas, Massachusetts, Tennessee, and Texas, according to the company’s bankruptcy
filing. Newcare filed for bankruptcy on June 22, 2001 in Worcester, MA and later ceased its
operations. According to information filed with the Labor Department, the 401(k) plan covered
856 participants and had $227,000 in assets, while the health plan covered 1,494 participants.

The Atlanta regional office of the Employee Benefits Security Administration jointly
investigated the case along with the department’s Office of Inspector General, Federal Bureau of
Investigations, Internal Revenue Service, Department of Health and Human Services and the
Postal Inspector's Office. The U.S. Attorney’s Office for the Northern District of Georgia
prosecuted the case.
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(U.S. v. Tucker)
Criminal No. 04-CR-177-ALL

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